IN THE CASE OF:
BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090007237
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his dates of service in Afghanistan shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 May 2006 be corrected. He also requests that this DD Form 214 be corrected to show award of the Army Good Conduct Medal.
2. The applicant states that he served in Afghanistan from 7 April 2005 to
26 April 2006. He also contends that the Army Good Conduct Medal is not included in the listed awards on this DD Form 214.
3. The applicant provides deployment orders, a Statement of Wartime Service, orders for the Army Good Conduct Medal, and a copy of his DD Form 214 for the period ending 29 May 2006 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant entered active duty on 1 February 2005 from the U.S. Army Reserve (USAR) and was deployed in a temporary change of station (TCS) status on or about 7 April 2005 in support of Operation Enduring Freedom (OEF). On 29 May 2006, he was released from active duty and transferred back to his assigned USAR unit.
2. Item 18 (Remarks) of the applicant's DD Form 214 shows he served in Afghanistan from 7 April 2006 to 26 April 2006. Item 13 (Decorations, Medals, Badges, Citations and Campaigns Awarded or Authorized) of his DD Form 214 does not show the Army Good Conduct Medal as an authorized award.
3. The applicant provided Headquarters, XVIII Airborne Corps, Fort Bragg, NC Orders 089-370, dated 30 March 2005, which state, in pertinent part, that he was being deployed as a TCS to Afghanistan in support of Operation Enduring Freedom with a will proceed date of on or about 7 April 2005.
4. The applicant also provided a Headquarters, Task Force Pacemaker, Kandahar Air Field, Afghanistan memorandum subject: Statement of Wartime Service, dated 9 February 2006, which states, in pertinent part, that he was deployed to the Combined Joint Operations Area, Afghanistan, in support of Operation Enduring Freedom IV from 22 April 2005 to 24 April 2006.
5. Task Force Wildcat, Bagram Airfield, Afghanistan Permanent Orders 91-105, dated 1 April 2006, show the applicant was awarded the Army Good Conduct Medal (1st award) for the period 10 February 2005 to 1 April 2006.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant's deployment orders state a will proceed date of deployment in support of OEF as "on or about 7 April 2005." However, the memorandum provided by the applicant, subject: Statement of Wartime Service shows the inclusive dates of deployment as "22 April 2005 to 24 April 2006" which was authenticated by the Adjutant of Task Force Pacemaker. Therefore, item 18 should be corrected to show these inclusive dates.
2. Orders show the applicant was awarded the Army Good Conduct Medal (1st award). Therefore, his DD Form 214 for the period ending 29 May 2006 should be corrected to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding to item 13 of his DD Form 214 for the period ending 29 May 2006 the Army Good Conduct Medal (first award);
b. deleting from item 18 of his DD Form 214 for the period ending 29 May 2006 the entry "SOLDIER SERVED IN IMMINENT DANGER AREA IN AFGHANISTAN FROM 20060407 TO 20060426"; and
c. adding to item 18 of his DD Form 214 for the period ending 29 May 2006 the entry "SOLDIER SERVED IN AFGHANISTAN FROM 20050422 20060424."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing the beginning date of his deployment as "20050407" instead of "20060407."
__________x___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090007237
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